Idaho Man Want’s New Trial after Prosecutor Recites “Dixie”

BOISE, Idaho (AP) — The Idaho Court of Appeals is deciding whether a black man should get a new trial after the prosecutor recited part of the Confederate song "Dixie" during her closing arguments to the jury.

James Kirk was convicted of felony lewd conduct and sexual battery against two white teenagers and sentenced to up to 20 years in prison last year. The Idaho Statesman reports that Kirk's attorneys have asked that his conviction be overturned because some jurors could have interpreted the Confederate Civil War-era anthem as a call to racism.

Attorneys for the state say that while the song's association with the antebellum south is clear, the prosecutor's use of the lyrics wasn't a racial ploy.